[1584/5/30]*[print] [email] [cite] [preceding] [following]
Forasmuch as by act of parliament it is provided that if any person or persons be slandered or suspected of treason, they shall be taken and remain in firmness and their goods under sure pledges until the time they have endured an assize whether they be innocent or foul; and true it is and of verity that Archibald [Douglas], earl of Angus, John [Erskine], earl of Mar, Master Thomas Lyon of Baldukie, master of Glamis, with their accomplices, who lately took and detained his highness's burgh and castle of Stirling, raising open war against his highness and his authority, are since partly fled and remain out of this realm and partly remain hid and covered within the same, not apprehended as yet; which having committed so great and high treasons as to be pursued and punished for that according to the laws, but because of the present difficulty to apprehend their persons and that it is requisite that such as are out of the realm should be summoned on 60 days' and such as are within upon 40 days' warning to his highness's parliament to hear and see them decreed to have incurred the crime of treason and lese-majesty, and therefore their goods, moveable and unmoveable, as well lands, benefices and offices as other things belonging to them, to be confiscated to our sovereign lord and their persons to underlie the pains of treason and last punishment appointed by the laws of this realm; and they and their friends and favourers in the meantime sell, alienate, convey, cancel and put away their goods, gear and debts, and give acquittals and discharges to their debtors in manifest defraud of our sovereign lord concerning their escheats, so that little or nothing thereof shall be left to come to his highness's use and behalf if the intromission of the same be left until they be convicted or put to the horn for the said treasonable crimes; therefore our said sovereign lord, with advice of his three estates, has statute and ordained that all the goods, gear and debts, mails, ferms, rents, profits and duties of lands and benefices pertaining to the said persons, rebels and conspirators and their accomplices dilated and suspected as culpable of the said treasonable attempts, as well being outwith as within the realm, with the mails, ferms, profits and duties of their lands, livings, benefices, rents and possessions whatsoever of the term of Whitsunday [May/June] coming and likewise in time coming, until further order be taken, and the rests of all years and terms preceding, shall be arrested, taken up and intromitted with by [John Graham, earl of Montrose], his highness's treasurer, his deputes and officers to be directed to that effect having his power and commission, and that the same shall remain sequestrated in the hands of the said lord treasurer until the said persons culpable and suspected shall be tried innocent or foul of the said treasonable crimes; with power also to the said lord treasurer, by himself and his said deputes and officers, to cause sell and make penny of such of the escheated goods as cannot be kept without hurt or loss, and to cause charge, call and pursue, poind and distrenzie for the said debts and mails, ferms, profits and duties of the lands, livings, benefices, rents and possessions aforesaid of the said term of Whitsunday coming and rests of the years and terms preceding, that he may be readily answered, obeyed and paid thereof, to remain sequestrated in his hands as said is until after the said trial, that in case the said persons shall be innocent of the said crimes their own goods and gear or the value thereof may be rendered and delivered again to them, or otherwise if they be convicted as foul, that the said escheated goods intromitted with may be applied to our sovereign lord's use and made account of in his exchequer, providing that no goods, debts nor rents shall be intromitted with by the said treasurer, his deputes or officers belonging to any persons that being charged, enters and compears personally, until first they be convicted and process orderly led against them.
[1584/5/31]*[print] [email] [cite] [preceding] [following]
The king's majesty and his three estates assembled in this present parliament, considering the daily increase of the charges and expense of his highness's house and the diminution of the rents of his majesty's property, whereupon his said house ought to be maintained, have therefore thought convenient, statute and ordained that the lands, lordships, baronies and other rents already fallen, or how soon the same shall happen to fall and come in his highness's hands by virtue of the escheat through the process and dooms of forfeiture orderly led and deduced against the persons found, or that hereafter shall happen to be found, culpable of the late most treasonable rebellion and conspiracy attempted and enterprised against his highness's person and estate, shall be annexed to his majesty's crown, and presently, now as then and then as now, annexes the same thereto, following the good example of his predecessors for the honourable support of his estate; and the said lands, lordships, baronies and other rents hereafter specified to remain perpetually with the crown may neither be given away in fee, freehold, in pension or any other disposition to any person of what estate or degree that ever they be of, without advice, decreet or deliverance of the whole parliament and, for great reasonable cause concerning the welfare of the realm, first to be advised and digestly considered by the whole estates, and that always such infeftments as shall happen to be made or granted by his highness of any of the said lands and lordships shall be only in feu ferm, for payment of such yearly feu ferm as his highness and his council shall think reasonable, with the whole kanes, customs and small duties ought and wont to be paid by the present tenants and occupiers to the proprietors thereof, for the better furnishing and sustenance of his house; and albeit it shall happen our sovereign lord that now is, or any of his successors, kings of Scotland, to alienate or convey the said lordships, lands, castles, towns, donations and advocation of kirks and hospitals, with the pertinents annexed to the crown, as said is, otherwise that the same alienations and dispositions shall be of no value, but it shall be lawful to his highness and his successors to receive the same lands and rents to their own house wherever it pleases them, without any process of law, and the tacks to refund and pay all profits that they have taken up again to his highness's and his successors' use for all the time that they have had them, with such other restrictions as are contained in the acts of parliament made by his most noble predecessors, kings of Scotland, in their annexations to the crown.
[1584/5/32]*[print] [email] [cite] [preceding] [following]
The king's majesty, sitting in judgement, stated and shows to his three estates assembled in this present parliament how his highness, now approaching to the 18th year of his age, having considered the estate of his rents and expenses, finds himself so enormously hurt by disposition made by his highness in times past, through importunate and indiscreet suitors, that without present remedy and good provision for the eschewing of the like in time coming, neither are his highness's debts already contracted able to be relieved and paid, nor his majesty served hereafter, according to his honour; and, therefore, his majesty presented to his three estates the letter underwritten, subscribed by his hand, desiring the same to be acted and registered in the books of parliament, to have the strength and force of an act and decreet of parliament, and the authority of the said three estates to be interposed thereto; the which desire the said three estates thought reasonable, and therefore decree and ordain the said letter to be acted and registered in the said books, to have the strength of an act and decreet of parliament, and have interposed and interpose their authority and consent thereto, to have full effect and force in time coming, and decree and declare letters and executorials of publication to be directed thereupon in manner specified thereto, of the which the tenor follows.
†Rex. We remembering how after our diverse revocations made of before, as being found necessary for us and allowed and confirmed in our parliament, yet taking little or no effect through new dispositions, ratifications, exceptions granted by importunate suits, at last we made our revocation upon 8 November 1583, as the same at more length purports, which now we ratify, approve and confirm by this act, decreeing the same to have full force, strength and effect since the date thereof and in time coming, notwithstanding any gifts, dispositions or exceptions not expressed therein made and passed by us since to any person or persons of whatsoever rents, fruits, profits or duties, either of our property, casualty or collection, that fell and came in our hands by virtue of our said revocation of the term of Martinmas [11 November] 1583 and crop of the year of God 1583 and in time coming, and specially revokes all gifts, grants and promises given by us, as well by consent of our estates in parliament as otherwise, to Annabella [Murray], countess of Mar, Margaret [Lyon], countess of Cassilis, the wives and bairns of the earls [John Erskine, earl of] Mar and [William Ruthven, earl of] Gowrie, Thomas [Lyon], master of Glamis and others, their accomplices, culpable as art or part of the treasonable conspiracy and rebellion attempted against us and our authority at Stirling in April 1583, or to the wives and posterity of whatsoever other persons standing under the process of forfeiture for treasonable crimes, notwithstanding any grace, favour or privilege granted to them by act of parliament in time bygone; which gifts and dispositions and exceptions we declare and decree to have been wrongfully and irregularly purchased by concealing the truth from us, we not knowing but that sufficient provision and assignation had been made for the furnishing of our house and other most necessary affairs of our estate and crown, and the signatures, whereby the said gifts and dispositions passed, not being presented to us by our ordinary officers to whose office properly they belong and by whom we might have been informed of the truth how far the granting thereof was to our prejudice and detriment; and therefore decrees and declares the said gifts and dispositions to be null and of no value, strength, force nor effect without any further process of law; as also decrees and declares that all infeftments, tacks or other dispositions of our property or collection, set or granted before our said revocations or since, and likewise all infeftments and presentations of lands or rents coming in our hands by reason of forfeiture or bastardry, and all common kirks, lands or rents whereof we and our predecessors have been in possession by setting of tacks heretofore, falls now under our revocation, without any cognition or special reduction (sufficient stipends being always assigned to the ministers serving at the said common kirks). Likewise we, by the tenor hereof, specially revoke the same, commanding our treasurer, comptroller and collector general to crave, receive, intromit with and take up all and sundry the said fruits, rents, profits and duties of our property, casualties and collection, as well that falls and comes in our hands by virtue of our said revocation as otherwise, notwithstanding the said pretended gifts, dispositions and exceptions passed upon any part thereof since, whereupon we will not that any letters shall be granted for answering and obeying of the said persons whatsoever, purchasers thereof, nor yet that any suspensions shall be granted against our other letters passed or to be passed at the instance of our said treasurer, comptroller and collector for answering, obeying and payment making of the same to them to our use, discharging and inhibiting them, and every one of them, as also the master of our coin-house, our customs officers and chamberlains and receivers of our property and the deputes of our collectors and others, the intromitters with our rents whatsoever, of all answering and obeying of whatsoever precepts passed and subscribed by us in any time bygone preceding the date hereof, until the same precepts shall be first seen and considered by our said treasurer, comptroller and collector general and such other auditors of our exchequer as we have directed to assist them, and appoint specially and certainly what pensions, fees and wages shall be allowed and paid in the said three offices of the year of God 1583 and in time coming, to the effect that the things commanded to be answered be reasonable, and that the same possibly may be paid without our hurt and inconvenience; and for the better eschewing of our hurt in time coming, and relief of our said officers that they shall not be burdened with disbursing of greater sums than they have received, and to stop the importunate and unreasonable desires of shameless askers by whom we have been moved in time bygone to grant their suits so far to our own hurt, therefore our will is and we command you that no signatures of gifts and dispositions of any part of our property, casualty or collection, pensions or fees out of the same or precepts to be answered of any sums of money or other thing whatsoever belonging to any of the offices of our said treasurer, comptroller and collector general shall be presented to us to be presented in time coming by any other persons than our said officers themselves, their deputes and clerks, and that the same be first subscribed by them before the same be presented to us to be passed our hand, through which they may understand our commodity or detriment in granting of the same and their own ability to answer and make payment of anything commanded as they will answer to God and us; and in case any signatures, letters or precepts shall pass otherwise, wanting the subscription and consent of our officers to whose charge and office the matter properly belongs, we will and ordain that the same shall be no sufficient warrant to the keepers of our signet, privy or great seals, nor to whatsoever other possessors of our rents in their hands, notwithstanding the subscriptions of us and of any number of our council, or that the names of our council, present at the granting thereof, shall be written on the back of any such letters, which nevertheless wanting the subscriptions and consents of the officers to whose charge it properly belongs shall be null and of no value, and we declare them, then as now and now as then, to be of no force nor effect by this act; and that no infeftment, tack, exception or disposition whatsoever made or to be made by us of our said property, collection or falling to us by casualty, and being of it own nature and according to the laws of our realm subject to revocation, however it be passed, shall be viable in time coming without a trial preceding taken by the lords of our council and session, our said treasurer, comptroller and collector being called, through which it may be understood by them that it is not to our great damage, but for the evident good of us, our estate and crown; and in case the said lords decree otherwise by importunate solicitation, that they be answerable therefore upon their allegiance and duty and interest, that we may sustain by that fact whenever we shall please to call them to make account thereof. And because it is well known to us and our secret council, as also to the lords of our council and session, that by reason of the great multitude of causes depending before them, processes are long and parties subject to a long and uncertain attendance, and the actions concerning us, our rents and living so protracted as it is great hindrance to us, for remedy whereof we have resolved and concluded, by advice and consent of our three estates in parliament, that no suspensions nor letters in accordance with shall be granted nor delivered in any matters concerning us in our property, casualties or collection except by such of the number of our college of justice as are constituted auditors of our exchequer, and that the same suspensions and actions for letters in accordance with for breaking of arrests or forcing of officers in the premises, or in anything depending thereupon, shall be discussed before our exchequer in our exchequer house, which exchequer we have appointed and appoint and ordain to convene and sit ordinarily for the effect aforesaid every Tuesday and Thursday in the afternoon in time of session, and always when they please in time of vacancy; and decree and declare the decisions and decreets of the said auditors thereof, being five at least in number, to be as viable and effectual in all respects as if the same were given and pronounced by a full and whole number of the said lords of council sitting in the tolbooth of Edinburgh. Moreover, we have superseded and, by the tenor hereof, supersede the payment of all great pensions and fees, albeit the same shall be allowed in the accounts of our treasurer, comptroller and collector general now shortly to be made for the space of one year after the date hereof, that the better provision may be made for the payment thereof and other our debts in the meantime. Moreover, in furtherance of the said collector and his office aforesaid, forasmuch as it is understood by our sovereign lord and his three estates that all and whole the thirds of the benefices within this realm, being appointed and ordained by acts of parliament ordained before to appertain to the ministry, and the surplus over and above their sustenance to be applied to our sovereign lord's common affairs, are now wasted altogether and dilapidated by reason of tacks, pensions and other dispositions made thereof, partly by [Mary], our sovereign lord's dearest mother, partly by his regents being in authority for the time, and partly by his majesty since the acceptance of the government upon his person, through which is the ministry not only defrauded of their just patrimony and rent, but also our sovereign lord can receive no commodity nor profit of the said thirds for setting forth of his highness's common affairs,according to the meaning and intention of the acts of parliament made thereupon for [...] it is statute, ordained and declared by our sovereign lord and three estates of this present parli[ament] that all and whatsoever gifts, pensions, tacks and other dispositions whatsoever of the thirds of benefices within this realm, or any part or portion thereof, together with all tacks of common kirks, infeftments of friars' lands and other dispositions of the rents and fruits ecclesiastical pertaining to our sovereign lord by reason of the common order taken and received concerning the thirds, which were granted and conveyed either by our sovereign lord's dearest mother and since confirmed in parliament or otherwise by his highness's self or regents during his minority, are, and shall be, comprehended under his highness's late revocation made at Holyroodhouse on 8 November 1583, and thereafter affirmed, ratified and approved by the lords of session, as their decreet interposed thereto at more length purports; which revocation, in all and by all things as is therein contained, his majesty, with advice and consent of his three estates, ratifies and approves in all points after the form and tenor thereof, and therefore decrees and declares all and whole the aforesaid gifts, pensions, tacks of common kirks, together with all tacks of benefices set by the possessors thereof in prejudice of the third since the first assumption, with the confirmations thereof, and other dispositions and tacks of the said thirds or any part thereof granted by his highness's dearest mother or by his majesty's self or otherwise his highness's regents, as well confirmed in parliament as unconfirmed, to be of no value, force nor effect without any further declaration or process of reduction; and to the effect that his highness's collector general, present and to come, may the better understand the estate of all and whole the benefices within this realm and when they shall happen to become vacant, what the yearly rents thereof are worth and how the same are conferred and conveyed, and specially to take order with the chaplainries, altarages and other small benefices within this realm which are already conveyed to students and bursars, contrary to the tenor and meaning of the act of parliament made thereupon, it is concluded and ordained that all provisions and presentations to benefices, both great and small, to be purchased after the date hereof, together with all gifts, tacks, pensions and other dispositions whatsoever of the thirds of the said benefices or any part thereof, or of common kirks, of friars' lands and other dispositions of the fruits and rents ecclesiastical pertaining and belonging to our sovereign lord, shall be subscribed by his highness's collector general and otherwise the same to be of no value, force nor effect, discharging the keepers of our seals to pass the said gifts and other dispositions aforesaid, unless the same be subscribed by his highness's collector general in manner specified; with power also to the said collector general, present and to come, to call, follow and pursue all and sundry the said students and bursars for producing the said gifts before the exchequer, to be seen and considered if the same be conferred and conveyed according to the meaning of the act of parliament made thereupon, and otherwise to take order therewith if the same chaplainries, altarages and other prebendaries conveyed to whatsoever persons, contrary to the tenor of the said act of parliament, be brought in to our sovereign lord's use and be conveyed to qualified persons according to the common order, providing always that the same revocations, declaration and ratification aforesaid, nor nothing contained in the act above-specified or any part thereof, shall extend to the exceptions specially contained in the said revocation made on 8 November 1583, nor to any infeftments, tacks, gifts or dispositions made by his highness to his dearest cousin Ludovic [Stewart], now duke of Lennox, or to his dearest and only great uncle Robert [Stewart], earl of March, his right trusty cousins and counsellors and other specified hereafter: they are to say, Robert [Stewart], earl of Orkney, Francis [Stewart], earl of Bothwell, James [Stewart], earl of Arran and his brother,† James [Cunningham], earl of Glencairn, John [Maxwell], earl of Morton, Andrew [Keith], lord Dingwall, William [Stewart], commendator of Pittenweem, captain of his highness's guard, Walter [Stewart] prior of Blantyre, keeper of our privy seal, the bairns of Alexander Erskine of Gogar, captain of the castle of Edinburgh, Sir Robert Melville of Murdocairnie, treasurer depute and clerk, James Meldrum of Seggie, William Stewart, writer, and Master Peter Young, his highness's preceptor and almoner; all which infeftments, tacks, gifts and dispositions made to the persons specially above-written our sovereign lord wills not shall be comprehended under his said revocation, nor yet that the same shall be prejudicial to lawful patrons nor to anything conveyed to the ministry of Edinburgh or to the hospitals over all the realm, and that letters be directed for publication of the premises by open proclamation at the market cross of Edinburgh and all other places needful, that none pretend ignorance thereof.